Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88182074 AEW (Stylized and/or with Design, see http://uspto.report/TM/88182074/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable ring tones, graphics and music via a global computer network and wireless devices; video and computer game tapes, video and computer game discs, video and computer game cassettes, video and computer game cartridges, video and computer game cd-roms, video output game machines for use with televisions; video and computer game software; cinematographic and television films featuring sports, entertainment and subjects of general human interest; pre-recorded phonograph records, pre-recorded compact discs, pre-recorded video tapes, pre-recorded video cassette tapes, pre-recorded dvds and pre-recorded audio cassettes, all featuring sports, entertainment and subjects of general human interest; interactive video game programs and computer game cartridges; decorative refrigerator magnets; coin-fed amusement gaming machines; mouse pads; disposable cameras; sunglasses; sunglass cases; prescription glasses; and optical cases, namely, cases for spectacles and sunglasses; walkie talkies, protective helmets; sports helmets
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Downloadable ring tones, graphics and music via a global computer network and wireless devices; video and computer game tapes, video and computer game discs, video and computer game cassettes, video and computer game cartridges, video and computer game cd-roms, video output game machines for use with televisions; video and computer game tapes, video and computer game discs, video and computer game cassettes, video and computer game cartridges, video and computer game cd-roms; video and computer game software; cinematographic and television films featuring sports, entertainment and subjects of general human interest; pre-recorded phonograph records, pre-recorded compact discs, pre-recorded video tapes, pre-recorded video cassette tapes, pre-recorded dvds and pre-recorded audio cassettes, all featuring sports, entertainment and subjects of general human interest; interactive video game programs and computer game cartridges; decorative refrigerator magnets; coin-fed amusement gaming machines; mouse pads; disposable cameras; sunglasses; sunglass cases; prescription glasses; and optical cases, namely, cases for spectacles and sunglasses; walkie talkies, protective helmets; sports helmetsClass 009 for Downloadable ring tones, graphics and music via a global computer network and wireless devices; video and computer game tapes, video and computer game discs, video and computer game cassettes, video and computer game cartridges, video and computer game cd-roms; video and computer game software; cinematographic and television films featuring sports, entertainment and subjects of general human interest; pre-recorded phonograph records, pre-recorded compact discs, pre-recorded video tapes, pre-recorded video cassette tapes, pre-recorded dvds and pre-recorded audio cassettes, all featuring sports, entertainment and subjects of general human interest; interactive video game programs and computer game cartridges; decorative refrigerator magnets; mouse pads; disposable cameras; sunglasses; sunglass cases; prescription glasses; and optical cases, namely, cases for spectacles and sunglasses; walkie talkies, protective helmets; sports helmets
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Posters; photographs, collector albums for photographs; trading cards; labels, namely, printed labels not of textile; folders; brochures about sports entertainment; packaging, namely, paper bags for packaging, paper pouches for packaging, cardboard boxes for packaging, cardboard containers for packaging; plastic bags for general use; paper tableware, namely, paper place mats, paper napkins, paper tablecloths; stickers; pens; pencils, pencil cases, pencil sharpeners; rulers; erasers; book covers, notebook paper, notebook dividers; coloring books; children's activity books, comic books, picture books, appointment books; address books; sticker albums; calendars; chalk; magazines in the field of sports entertainment; newspapers in the field of sports entertainment; postcards; greeting cards; temporary tattoo transfers; souvenir programs concerning sports entertainment; paper lunch bags; memo pads; rubber stamps; stamp pads; collectible prepaid telephone cards not magnetically encoded; collectible telephone calling cards, not magnetically encoded; postage stamps and collector stamps, namely, commemorative stamp sheets; custom printed personal bank checks; checkbook covers; return address labels; bumper stickers; window decals; lithographs; paper party favors, paper party hats; stencils; gift wrapping paper, plastic gift wrap, metallic gift wrap; paper cake decorations; blister cards; collector albums, namely, for sticker collectable cards; photo collectables; photo albums; photographs; framed pictures; paper table linens; markers; trading cards; pictures; posters; decals; brochures concerning sports entertainment; books featuring pictorial biographies; book covers; paper book markers; note pads; scribble pad; paper banners; printed paper signs for doors; drawing rulers; erasers, rubber erasers, chalk erasers, blackboard erasers; paper party bags; plates of paper or cardboards; paper; stationery; indoor party ornaments of paper
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Posters; photographs, collector albums for photographs; trading cards; trading cards, namely, collectible trading cards and sports trading cards; labels, namely, printed labels not of textile; labels, namely, printed labels of paper not of textile; folders; brochures about sports entertainment; packaging, namely, paper bags for packaging, paper pouches for packaging, cardboard boxes for packaging, cardboard containers for packaging; plastic bags for general use; paper tableware, namely, paper place mats, paper napkins, paper tablecloths; stickers; pens; pencils, pencil cases, pencil sharpeners; rulers; erasers; book covers, notebook paper, notebook dividers; coloring books; children's activity books, comic books, picture books, appointment books; address books; sticker albums; calendars; chalk; magazines in the field of sports entertainment; newspapers in the field of sports entertainment; postcards; greeting cards; temporary tattoo transfers; souvenir programs concerning sports entertainment; paper lunch bags; memo pads; rubber stamps; stamp pads; collectible prepaid telephone cards not magnetically encoded; collectible telephone calling cards, not magnetically encoded; postage stamps and collector stamps, namely, commemorative stamp sheets; custom printed personal bank checks; checkbook covers; return address labels; bumper stickers; window decals; lithographs; stencils; paper party favors, paper party hats; gift wrapping paper, plastic gift wrap, metallic gift wrap; paper cake decorations; blister cards; collector albums, namely, for sticker collectable cards; photo collectables, namely, collectible photographs; photo albums; photo collectables; framed pictures; paper table linens; photographs; markers; pictures; decals; brochures concerning sports entertainment; trading cards; books featuring pictorial biographies; paper book markers; posters; note pads; scribble pad; paper banners; printed paper signs for doors; book covers; drawing rulers; rubber erasers, chalk erasers, blackboard erasers; paper party bags; paper; stationery; indoor party ornaments of paper; erasers, rubber erasers, chalk erasers, blackboard erasers; plates of paper or cardboardsClass 016 for Posters; photographs, collector albums for photographs; trading cards, namely, collectible trading cards and sports trading cards; labels, namely, printed labels of paper not of textile; folders; brochures about sports entertainment; packaging, namely, paper bags for packaging, paper pouches for packaging, cardboard boxes for packaging, cardboard containers for packaging; plastic bags for general use; paper tableware, namely, paper place mats, paper napkins, paper tablecloths; stickers; pens; pencils, pencil cases, pencil sharpeners; erasers; book covers, notebook paper, notebook dividers; coloring books; children's activity books, comic books, picture books, appointment books; address books; sticker albums; calendars; chalk; magazines in the field of sports entertainment; newspapers in the field of sports entertainment; postcards; greeting cards; temporary tattoo transfers; souvenir programs concerning sports entertainment; paper lunch bags; memo pads; rubber stamps; stamp pads; collectible prepaid telephone cards not magnetically encoded; collectible telephone calling cards, not magnetically encoded; postage stamps and collector stamps, namely, commemorative stamp sheets; custom printed personal bank checks; checkbook covers; return address labels; bumper stickers; window decals; lithographs; stencils; gift wrapping paper, plastic gift wrap, metallic gift wrap; paper cake decorations; blister cards; collector albums, namely, for sticker collectable cards; photo collectables, namely, collectible photographs; photo albums; framed pictures; paper table linens; markers; pictures; decals; brochures concerning sports entertainment; books featuring pictorial biographies; paper book markers; note pads; scribble pad; paper banners; printed paper signs for doors; drawing rulers; rubber erasers, chalk erasers, blackboard erasers; paper party bags; paper; stationery; indoor party ornaments of paper
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Backpacks; luggage, barrel bags, beach bags, duffel bags, gym bags, athletic bags, all-purpose sport bags, book bags, school bags, tote bags, travel bags, carry-on bags, cosmetic bags sold empty, garment bags for travel, fanny packs; wallets; credit card cases; change purses; leather key chains; leather belts; thongs; soft luggage identification tags
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Backpacks; luggage, barrel bags, beach bags, duffel bags, gym bags, athletic bags, all-purpose sport bags, book bags, school bags, tote bags, travel bags, carry-on bags, cosmetic bags sold empty, garment bags for travel, fanny packs; wallets; credit card cases; change purses; leather key chains; soft luggage identification tags; leather belts; thongsClass 018 for Backpacks; luggage, barrel bags, beach bags, duffel bags, gym bags, athletic bags, all-purpose sport bags, book bags, school bags, tote bags, travel bags, carry-on bags, cosmetic bags sold empty, garment bags for travel, fanny packs; wallets; credit card cases; change purses; soft luggage identification tags
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Beverage ware, namely, cups, drinking glasses, mugs; portable coolers; lunch boxes; commemorative plates; decorative plates; plastic coasters; thermal insulated containers for food and beverages; cookie jars; dinnerware, namely, plates, cups, saucers, bowls; toothbrushes; serving trays for snacks; sports bottles sold empty; non-metal piggy banks
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Beverage ware, namely, cups, drinking glasses, mugs; portable coolers; non-electric portable coolers; lunch boxes; commemorative plates; decorative plates; plastic coasters; thermal insulated containers for food and beverages; cookie jars; dinnerware, namely, plates, cups, saucers, bowls; toothbrushes; serving trays for snacks; sports bottles sold empty; non-metal piggy banks; plates of paper or cardboardsClass 021 for Beverage ware, namely, cups, drinking glasses, mugs; non-electric portable coolers; lunch boxes; commemorative plates; decorative plates; plastic coasters; thermal insulated containers for food and beverages; cookie jars; dinnerware, namely, plates, cups, saucers, bowls; toothbrushes; serving trays for snacks; sports bottles sold empty; non-metal piggy banks; plates of paper or cardboards
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, tank tops, t-shirts, shirts, sport shirts, dress shirts, polo shirts, undershirts, sweatshirts, sweaters, pullovers, blouses, jackets, raincoats, overcoats, topcoats, trousers, pants, jean pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties, pajamas, belts, gloves, Halloween and masquerade costumes, wrist bands, bandannas; footwear, namely, shoes, sneakers, boots, slippers; headwear, namely, hats, caps
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Clothing, namely, tank tops, t-shirts, shirts, sport shirts, dress shirts, polo shirts, undershirts, sweatshirts, sweaters, pullovers, blouses, jackets, raincoats, overcoats, topcoats, trousers, pants, jean pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties, pajamas, belts, gloves, Halloween and masquerade costumes, wrist bands, bandannas; Clothing, namely, tank tops, t-shirts, shirts, sport shirts, dress shirts, polo shirts, undershirts, sweatshirts, sweaters, pullovers, blouses, jackets, raincoats, overcoats, topcoats, trousers, pants, jean pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties in the nature of ties as clothing, pajamas, belts, gloves, Halloween and masquerade costumes, wrist bands, bandanas; footwear, namely, shoes, sneakers, boots, slippers; headwear, namely, hats, caps; leather belts; thongs, namely, thong underwearClass 025 for Clothing, namely, tank tops, t-shirts, shirts, sport shirts, dress shirts, polo shirts, undershirts, sweatshirts, sweaters, pullovers, blouses, jackets, raincoats, overcoats, topcoats, trousers, pants, jean pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties in the nature of ties as clothing, pajamas, belts, gloves, Halloween and masquerade costumes, wrist bands, bandanas; footwear, namely, shoes, sneakers, boots, slippers; headwear, namely, hats, caps; leather belts; thongs, namely, thong underwear
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Toy action figures and accessories therefor; cases for action figures; toy vehicles; board games; playing cards; toy spinning tops; stand-alone video output game machines featuring wrestling; arcade games related to wrestling; pinball games related to wrestling; hand-held units for playing electronic game; tabletop action skill games related to wrestling; jigsaw puzzles; kites; toy wrestling rings; dolls; bobble-head dolls; puppets; stuffed toy animals; card games; Christmas tree decorations; costume masks; toy belts, doll furniture; party favors in the nature of crackers and noisemakers; skateboards; bowling balls; windup toys; toy scooters; knee and elbow pads for athletic use; yo-yo's; novelty toys, namely, toy banks made of tin; toy gum machines; toy candy bowl mechanical dispensers; toy stick gum dispensers; toy foam hands
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Toy action figures and accessories therefor; cases for action figures; toy vehicles; board games; playing cards; toy spinning tops; stand-alone video output game machines featuring wrestling; arcade games related to wrestling; pinball games related to wrestling; hand-held units for playing electronic game; tabletop action skill games related to wrestling; jigsaw puzzles; kites; toy wrestling rings; dolls; bobble-head dolls; puppets; stuffed toy animals; card games; Christmas tree decorations; costume masks; toy belts, doll furniture; party favors in the nature of crackers and noisemakers; skateboards; bowling balls; windup toys; toy scooters; knee and elbow pads for athletic use; yo-yo's; yo-yos; novelty toys, namely, toy banks made of tin; toy gum machines; toy candy bowl mechanical dispensers; toy stick gum dispensers; toy foam hands; video output game machines for use with televisions; coin-fed amusement gaming machines; paper party favors, paper party hatClass 028 for Toy action figures and accessories therefor; cases for action figures; toy vehicles; board games; playing cards; toy spinning tops; stand-alone video output game machines featuring wrestling; arcade games related to wrestling; pinball games related to wrestling; hand-held units for playing electronic game; tabletop action skill games related to wrestling; jigsaw puzzles; kites; toy wrestling rings; dolls; bobble-head dolls; puppets; stuffed toy animals; card games; Christmas tree decorations; costume masks; toy belts, doll furniture; party favors in the nature of crackers and noisemakers; skateboards; bowling balls; windup toys; toy scooters; knee and elbow pads for athletic use; yo-yos; novelty toys, namely, toy banks made of tin; toy gum machines; toy candy bowl mechanical dispensers; toy stick gum dispensers; toy foam hands; video output game machines for use with televisions; coin-fed amusement gaming machines; paper party favors, paper party hat
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services, on-line retail store services, mail order services featuring a wide variety of sports entertainment merchandise, all related to professional wrestling; advertising via electronic media and specifically the internet
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Retail store services, on-line retail store services, mail order services featuring a wide variety of sports entertainment merchandise, all related to professional wrestling; advertising via electronic media and specifically the internet; entertainment services, namely, the production in the nature of promotional sponsorship of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online serviceClass 035 for Retail store services, on-line retail store services, mail order services featuring a wide variety of sports entertainment merchandise, all related to professional wrestling; advertising via electronic media and specifically the internet; entertainment services, namely, the production in the nature of promotional sponsorship of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online service
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Live streaming of video pay-per-view events on the internet; communication services, namely, transmitting streamed sound and audio-visual recordings via the internet; streaming of audio material on the internet; streaming of video material on the internet; wireless networks, or interactive multimedia networks; transmission of information in the audio-visual field; mobile media services in the nature of electronic transmission of entertainment media content; podcasting services; webcasting services; video-on-demand transmission services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Live streaming of video pay-per-view events on the internet; communication services, namely, transmitting streamed sound and audio-visual recordings via the internet; streaming of audio material on the internet; streaming of video material on the internet; wireless networks, or interactive multimedia networks; transmission of information in the audio-visual field; mobile media services in the nature of electronic transmission of entertainment media content; podcasting services; webcasting services; video-on-demand transmission servicesClass 038 for Live streaming of video pay-per-view events on the internet; communication services, namely, transmitting streamed sound and audio-visual recordings via the internet; streaming of audio material on the internet; streaming of video material on the internet; transmission of information in the audio-visual field; mobile media services in the nature of electronic transmission of entertainment media content; podcasting services; webcasting services; video-on-demand transmission services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing prerecorded popular music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; entertainment services, namely, producing music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; providing on-line news, information, and publications in the nature of non-downloadable electronic books, newsletters, journals, periodicals, articles, brochures, on-line journals, namely, blogs in the field of sports, sports entertainment and entertainment; providing a website featuring entertainment information; providing an interactive website featuring news, information and entertainment in the field of sports entertainment; providing on-line magazine in the field of sports, sports entertainment and entertainment; entertainment services, namely, providing information, news, commentary, and online text, audio, video, images and photographs in the field of sports, sports entertainment and entertainment via global computer networks, mobile telephones, and other digital communication networks and devices; online journals, namely, weblogs in the field of sports, sports entertainment and entertainment; publishing of electronic publications that are delivered through one or more electronic mediums to registered customers; non-downloadable electronic publications in the nature of books, magazines and newsletters in the field of sports, sports entertainment and entertainment; entertainment services, namely, an ongoing television show about professional wrestling; entertainment services, namely, the production of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online service; providing wrestling news and information via a global computer network; sports entertainment, namely, wrestling events rendered live and through broadcast media including television and radio, and via the internet or commercial online service; providing information in the fields of sports and entertainment via an online community portal; providing a website in the field of sports entertainment; fan club services, namely, organizing and staging entertainment events with wrestling fan club members; providing online newsletters in the fields of sports entertainment; online journals, namely, blogs, in the fields of sports entertainment
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Entertainment services, namely, providing prerecorded popular music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; Entertainment services, namely, providing prerecorded non-downloadable popular music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; entertainment services, namely, producing music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; providing on-line news, information, and publications in the nature of non-downloadable electronic books, newsletters, journals, periodicals, articles, brochures, on-line journals, namely, blogs in the field of sports, sports entertainment and entertainment; providing a website featuring entertainment information; providing an interactive website featuring news, information and entertainment in the field of sports entertainment; providing an interactive website featuring news, information and entertainment in the nature of non-downloadable text, audio, video, images and photographs in the field of sports entertainment; providing on-line magazine in the field of sports, sports entertainment and entertainment; entertainment services, namely, providing information, news, commentary, and online text, audio, video, images and photographs in the field of sports, sports entertainment and entertainment via global computer networks, mobile telephones, and other digital communication networks and devices; entertainment services, namely, providing information, news, commentary, and online non-downloadable text, audio, video, images and photographs in the field of sports, sports entertainment and entertainment via global computer networks, mobile telephones, and other digital communication networks and devices; online journals, namely, weblogs in the field of sports, sports entertainment and entertainment; publishing of electronic publications that are delivered through one or more electronic mediums to registered customers; non-downloadable electronic publications in the nature of books, magazines and newsletters in the field of sports, sports entertainment and entertainment; entertainment services, namely, an ongoing television show about professional wrestling; entertainment services, namely, the production of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online service; entertainment services, namely, the production in the nature of organization of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online service; providing wrestling news and information via a global computer network; sports entertainment, namely, wrestling events rendered live and through broadcast media including television and radio, and via the internet or commercial online service; providing information in the fields of sports and entertainment via an online community portal; providing a website in the field of sports entertainment; providing a website featuring information, non-downloadable text, audio, video, images and photographs in the field of sports entertainment; fan club services, namely, organizing and staging entertainment events with wrestling fan club members; providing online newsletters in the fields of sports entertainment; online journals, namely, blogs, in the fields of sports entertainmentClass 041 for Entertainment services, namely, providing prerecorded non-downloadable popular music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; entertainment services, namely, producing music to be incorporated into media platforms, namely, film, television, radio, the internet, ring tones, video games, and emerging digital technologies; providing on-line news, information, and publications in the nature of non-downloadable electronic books, newsletters, journals, periodicals, articles, brochures, on-line journals, namely, blogs in the field of sports, sports entertainment and entertainment; providing a website featuring entertainment information; providing an interactive website featuring news, information and entertainment in the nature of non-downloadable text, audio, video, images and photographs in the field of sports entertainment; providing on-line magazine in the field of sports, sports entertainment and entertainment; entertainment services, namely, providing information, news, commentary, and online non-downloadable text, audio, video, images and photographs in the field of sports, sports entertainment and entertainment via global computer networks, mobile telephones, and other digital communication networks and devices; online journals, namely, weblogs in the field of sports, sports entertainment and entertainment; publishing of electronic publications that are delivered through one or more electronic mediums to registered customers; non-downloadable electronic publications in the nature of books, magazines and newsletters in the field of sports, sports entertainment and entertainment; entertainment services, namely, an ongoing television show about professional wrestling; entertainment services, namely, the production in the nature of organization of exhibitions and performances of professional wrestling events rendered live and through broadcast media, namely, television and radio, and via the internet or commercial online service; providing wrestling news and information via a global computer network; sports entertainment, namely, wrestling events rendered live and through broadcast media including television and radio, and via the internet or commercial online service; providing information in the fields of sports and entertainment via an online community portal; providing a website featuring information, non-downloadable text, audio, video, images and photographs in the field of sports entertainment; fan club services, namely, organizing and staging entertainment events with wrestling fan club members; providing online newsletters in the fields of sports entertainment; online journals, namely, blogs, in the fields of sports entertainment
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Maya L. Tarr/     Date: 03/14/2019
Signatory's Name: Maya L. Tarr
Signatory's Position: Attorney of Record, NY bar member, Proskauer Rose LLP

Signatory's Phone Number: 212-969-3000

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88182074
Internet Transmission Date: Thu Mar 14 12:27:10 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201903141227108
41597-88182074-62019f367a8f3946a819a487c
8aed5be3fe26fa9eda76deb8e78d6f18f91766-N
/A-N/A-20190311165052083313